• vcard
D 312.463.6310
F 312.893.2165
  • Education
    • J.D., Northwestern University School of Law, 1989, Northwestern University's Journal of International Law and Business, Editorial Board
    • B.A., cum laude, Colgate University, 1986
    • Liberal Arts Studies, John Felice Rome Center, Loyola University, Rome Italy, 1985
  • Court Admissions
    • U.S. District Court, Northern District of Illinois
    • U.S. Court of Appeals, Third Circuit
    • U.S. Court of Appeals, Seventh Circuit

Mary Clare Bonaccorsi serves as the Firm’s Cross Department Litigation Chair and Chicago Managing Partner.

Drawing on over 30 years of experience, Mary Clare is a trusted counsel and business adviser to C-suites, boards, and management teams. She has focused her practice in the health care and life sciences industries, representing pharmacies, medical equipment suppliers, home care and other post-acute providers, academic medical centers, hospitals and health systems, laboratories, ambulatory surgery centers, and dialysis providers.

Mary Clare works closely with legal, compliance, and operational teams to implement litigation avoidance strategies and takes a practical and business-minded approach to litigation. She previously served as Deputy General Counsel to a publicly-traded home infusion provider and specialty pharmacy and understands the importance of having a deep and practical understanding of clients' business operations and goals.

Mary Clare has tried cases before judges and juries in state and federal courts throughout the country, and has successfully led cases involving shareholder disputes, breach of contract claims, unfair competition and Lanham Act claims, business torts and False Claims Act/qui tam claims. She regularly defends clients in government and commercial payor disputes, audits and investigations. 

 

False Claims Act and Government Investigations

  • Lead defense counsel for Illinois Eastern Community Colleges in False Claims Act case involving claims under the federal and Illinois False Claims Act in U.S. ex rel. Edmondson v. Bd. of Tr. of Illinois E. Cmty. Coll. (N.D. Ill. 2013) and State ex rel. Edmondson v. Bd. of Tr. of Illinois E. Cmty. Coll. (Ill. 2016). The federal case was dismissed without prejudice pending a Motion to Dismiss. 
  • Lead counsel for Kansas Attorney General and University of Kansas Hospital Authority as intervenors in Cruz et al. v. United States Dept. of Health and Human Services et al. (S.D.N.Y. 2018), a case challenging national organ allocation policy.

  • Lead defense counsel for Philidor Rx Services, LLC and its CEO in SEC, Congressional, and DOJ investigations relating to Valeant Pharmaceuticals; trial lawyer for defense in U.S. v. Gary Tanner, et al. (S.D.N.Y. 2016).
  • Lead defense counsel for BioScrip, Inc. in U.S. ex Rel. Kester v. Novartis et al.  (S.D. N.Y. 2012).  Achieved a favorable settlement of all claims brought against specialty pharmacy in the amount of $15 million, with no admission of liability and no corporate integrity agreement, where other similarly situated specialty pharmacy settled for $60 million and manufacturer defendant settled for $390 million.
  • Lead defense counsel in U.S. ex Rel. Herman v. Coloplast et al. (D. Mass. 2015) in an industry-wide action brought against manufacturers of durable medical supplies and suppliers for alleged violation of federal and state anti-kickback laws, and alleged violations of Medi-Cal's upper billing limit laws.  Successfully handled civil and criminal investigations and negotiated favorable settlement on behalf of a durable medical supplier client with no admission of liability.
  • Lead defense counsel in U.S. ex Rel. Bidani v. Lewis et al. (N.D. IL 2003).  Achieved a favorable settlement of all claims brought against dialysis supplier and its owner, convincing the government not to intervene and to forego receipt of any portion of the settlement amount. No admission of liability and no corporate integrity agreement.
  • Representation of multiple health care clients in internal investigations relating to potential violations of the False Claims Act, overpayment laws, Anti-Kickback laws, and Medicare and Medicaid regulations.
  • Representation of multiple clients in responding to Subpoenas Duces Tecum and Civil Investigative Demands issued by state and federal governmental entities in investigations relating to the health care and pharmaceutical industry, including matters regarding rebate practices, pricing (AWP and WAC), charge backs, credits, medical necessity, coding, and referral relationships.
Payor Disputes
  • Represented national provider of infusion services in substantial commercial payor dispute. After exhausting administrative appeals, filed for arbitration and negotiated a confidential settlement that amounted to less than 15 percent of total claimed overpayment amount in the tens of millions of dollars and negotiated for the provider client a more favorable business relationship with payor on a going-forward basis.
  • Obtained reduction beyond 90 percent of alleged overpayments in the tens of millions of dollars in a government payor audit of DME supplier.
  • Obtained a walk-away settlement on the eve of arbitration brought against a provider client by a managed care organization seeking substantial recoupments in the tens of millions of dollars.
  • Successful representation of pharmacy in a dispute with PBM over management of client's cash card business. Recovered 100% of outstanding amounts owed through settlement on eve of AHLA arbitration.
  • Successfully defended home medical equipment supplier in a multi-million dollar dispute lawsuit brought by Texas-based Medicaid managed care organization seeking recovery of alleged overpayments.
Miscellaneous Noteworthy Matters
  • Successfully defended leading provider of network access and  data management platform in TCPA class action, obtaining full dismissal with prejudice.  Eric B. Fromer Chiropractic, Inc. v. Better Doctor, Inc. and Quest Analytics, LLC, Case No. 3:20-cv-06131 (C.D. CA, San Francisco Div.)   
  • Represented home medical equipment supplier in appeal of CMS revocation of license for alleged failure to comply with CMS supplier standards. Succeeded in having CMS rescind revocation and full reinstatement of supplier's license.
  • First-chaired two-week trial on behalf of ambulatory surgery center in a dispute with a former shareholder. Obtained jury verdict in client's favor, which was upheld by Arizona Court of Appeals.
  • Successfully defended action brought by individual shareholders and surgery center LLC in action alleging breach of contract and breach of fiduciary duty. Obtained confidential settlement for client with full release on all claims, no payment of any monies by client and obtained buyout of client's management contract and surgery center ownership interest in an amount substantially in excess of the parties' expert valuation of management contract and ownership interest.
  • Represented Defendant - Appellee hospital in Bryant v. Glen Oaks Medical Center f/k/a Glendale Heights Community Hospital, 272 Ill. App. 3d 640 (May 12, 1995), for alleged breach of contract and wrongful termination of pathologist's medical staff privileges. Obtained summary judgment order dismissing case by the trial court. Drafted and argued appeal that resulted in a landmark decision in Illinois, affirming a hospital's right to enter into exclusive contracts with hospital-based providers.
Related News


Past Events